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Chaubey Benaik Rao and ors. Vs. PutaIn Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1919All426(2); 52Ind.Cas.901
AppellantChaubey Benaik Rao and ors.
RespondentPutaIn Singh
Excerpt:
civil procedure code (act v of 1908), order ix, rule 13, order xliii, rule 1(a) - ex parte decree--application to set aside decree--order granting application--appeal, whether lies. - 1. a preliminary objection has been taken to the hearing of this appeal on the ground that no appeal lies. the order from which the appeal has been presented purports to be an order under order ix, rule 13 of the code of civil procedure. the application on which that order was passed was an application under the order and rule mentioned above. from an order granting such an application no appeal lies under order xliii, rule 1 of the code of civil procedure. we, therefore, dismiss the appeal with costs, including fees on the higher scale.
Judgment:

1. A preliminary objection has been taken to the hearing of this appeal on the ground that no appeal lies. The order from which the appeal has been presented purports to be an order under Order IX, Rule 13 of the Code of Civil Procedure. The application on which that order was passed was an application under the Order and rule mentioned above. From an order granting such an application no appeal lies under Order XLIII, Rule 1 of the Code of Civil Procedure. We, therefore, dismiss the appeal with costs, including fees on the higher scale.


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